Fine & Decorative Art (January 2019)

TERMS & CONDITIONS Any of the following conditions of sale may be amended, waived, or modified in the sole discretion of Broward Auction Gallery. By placing a bid, whether present in the saleroom or by any other means, the buyer (bidder, purchaser) agrees to be bound by the following conditions of sale: 1) All property is sold in "as is" condition and all sales are final. Neither Broward Auction Gallery nor their consignor(s) makes any representations or warranties, express or implied, with respect to the property or the correctness of the catalogue or other description of the authenticity of authorship, physical condition, size, age, quality, rarity, importance, provenance, exhibitions, literature or historical relevance of the property or otherwise. The Auctioneer and the Consignor assume no risk, liability or responsibility for the authenticity or the authorship of any property identified in the online catalogue (that is, the identity of the creator or the period, culture, source or origin as the case may be, with which the creation of any property is identified herein). If any implied warranties of merchantability or fitness for a particular purpose can be construed from the catalogue, auction, or bill of sale, such warranties are disclaimed by the Auctioneer and the Consignor. No statement in the online catalogue or made at the sale or in the Bill of Sale or invoice or elsewhere shall be deemed such a warranty or representation or an admission of liability. Moreover, the Auctioneer will not be held responsible for any variations in appearance of online photographs. ANTIQUES: Additionally, antiques, by the very nature of their age, have wear that reflects their years of use. As a result, honest wear from use is to be expected and is sometimes the proof that an item is an antique. Normal wear will not be noted in the description. Broward Auction Gallery shall not be responsible for obtaining any permits or licenses on behalf of purchaser and no sale shall be cancelled or refunded for lack of purchaser's noncompliance with permitting and licensing issues. 2) Notwithstanding the preceding condition, if within 14 days of the sale of any lot the purchaser of any painting gives notice in writing to the Auctioneer that the lot so sold is a counterfeit and, if within 7 days after such notice the purchaser returns to the Auctioneer in the same condition as when sold, and gives written proof from a recognized impartial expert which establishes beyond reasonable doubt that the returned lot is in fact a counterfeit and that this was not indicated by a fair reading of the catalogue or the Auctioneer's comments at the time of sale, the Auctioneer as agent for the Consignor will rescind the sale and refund the purchase price. 3) The highest bidder acknowledged by the auctioneer shall be the buyer. The auctioneer reserves the right to reject any bid and shall advance the bid at his/her sole discretion. In the event of a dispute between bidders, the auctioneer has absolute discretion to determine the successful buyer or to re-sell the disputed lot. If a dispute arises after the sale, Broward Auction Gallery record of the successful buyer and final sale price shall be conclusive. Broward Auction Gallery reserves the right to withdraw, combine or divide any lot at any time before bidding commences. The Auctioneer reserves the right to withdraw any lot at any time before, during, or after the auction without liability. 4) Unless the sale is advertised and announced as "without reserve", each lot is offered subject to a reserve and the Company may implement such reserves by bidding through its representatives on behalf of the Consignors. In certain instances, the Consignor may pay less than the standard commission rate where the Company or its representative is a successful bidder on behalf of the Consignor. Where the Consignor is indebted to the Company, the Company may have an interest in the offered lots and the proceeds there from other than the broker's Commissions, and all sales are subject to any such interest. No "buy" bids shall be accepted at any time for any purpose. 5) Some lots offered for sale may be subject to a reserve, which is a confidential minimum price below which a lot will not be sold. Under no circumstance will a reserve exceed the low estimate of the lot being offered. Consignors are prohibited from bidding on their own property, however, the auctioneer may implement reserves by bidding on behalf of the consignor. If bids on a lot fail to reach the reserve, the lot will be "passed" or "bought-in". 6) Absentee and Internet bidding is offered as a convenience to our customers and, while we will make every effort to carry out your instructions, Broward Auction Gallery cannot be held responsible for errors and omissions resulting in failure to execute your absentee and/or Internet bids. 7) Users of third-party internet bidding services shall indemnify and hold Broward Auction Gallery and its consignors harmless against any claim arising out of or resulting from the use of such Internet Bidding Services, including all losses, damages, liabilities, and all fees, including reasonable attorney's fees, costs, and expenses incurred in connection with any claim. Under no circumstances, including, but not limited to, negligence, shall Broward Auction Gallery and its consignors be liable for lost profits or any special, incidental, or consequential damages that result from the use of, or the inability to use Internet Bidding Services. 8) Title of each lot passes upon the fall of the auctioneer's hammer to the highest acknowledged bidder. Under no circumstances will Broward Auction Gallery liabilities to a purchaser exceed the purchase price actually paid. 9) A 23% buyer's premium will be added to the sale of each lot, plus applicable taxes, unless exempt by law. Applicable Sales or use taxes will be added to the purchase price of all taxable purchases. To be sales tax exempt, a current sales tax exemption certificate, including sales tax exemption number, must be presented to Broward Auction Gallery to avoid paying sales tax. Out of state Internet buyers are sales tax exempt unless you elect to pick up your item(s). In that case, to be exempt, you must present a valid Resale Certificate from you state and complete and sign an affidavit stating all items purchased are for resale out of state. 10) All invoices must be paid no later than the 5th business day following the conclusion of the auction. A dispute will be entered for any invoice not paid within 5 business day. We accept credit cards, personal or company checks, bank wire transfers. Property purchased during the auction may not be removed until the full purchase price, including buyer's premium and all applicable taxes, have been paid. Broward Auction Gallery reserves the right to hold merchandise purchased by personal check until the check has cleared the bank. Any invoice not paid in full within fourteen (14) days after the auction may be cancelled and the sale rescinded without further notice to the purchaser. Credit Cards PAYMENT LIMITS: As a measure of fraud protection, we do not accept credit card payments in excess of $3,000. Total invoice purchases over $3,000 REQUIRES a wire transfer or check payment. 11) Shipping: Shipping fees listed with each lot pertain to domestic shipping only. International bidders are subject to higher shipping fees. Please inquire about shipping to a particular country before the start of the auction. Purchased items will be shipped on a first paid, first shipped basis and may take up to five (5) business days for said shipment to leave our (Broward Auction Gallery) auction house. All domestic mainland items are shipped via USPS Parcel Select unless otherwise specified or requested by the customer. Invoices must be paid in full to Broward Auction Gallery before purchased property can be released or collected. We will store merchandise free of charge for a period of up to (10) business days. After that period a daily storage charge of $5 per lot/day will commence regardless of lot size or value. For items that are too large for in-house shipment, a gallery approved vendor will be provided for crate and freight services. Broward Auction Gallery WILL NOT CANCEL SALE DUE TO SHIPPING. 12) If any applicable conditions contained herein are not complied with by the purchaser, Broward Auction Gallery may, in addition to other remedies available by law; (a) hold the purchaser liable for the total purchase price; (b) retain any payment made by the purchaser, and/or (c) cancel the sale and resell the property without reserve and the original purchaser will be liable for any deficiency and added cost. 13) ARBITRATION: Bidder agrees that any controversy or claim arising out of this auction, or any related dealings with Auctioneer or Seller, must be resolved by final and binding arbitration with no appeal permitted except as provided by Florida statute. The parties voluntarily waive their rights to seek traditional remedies in any court including the right to a trial by jury. The prevailing party will be entitled to collect from the other its costs associated with the arbitration, including reasonable attorneys fees.